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Do I have to go to mediation for my family provision application?
In this edition of It depends, associate Sarah Camm talks about whether you have to go to mediation for your family provision application. Video…
JAMS Foundation Announces 2024 Class of Weinstein JAMS International Fellows
The JAMS Foundation is pleased to announce the 14 Fellows who have been named to the 2024 class of the Weinstein JAMS International…
Adjudication and collateral warranties
In our latest article in the Alternative Dispute Resolution series published by Construction Law, Kirsti Olson considers the implications for ADR…
Arbitration or expert determination - what’s the difference?
This was whether an expert determination clause can be separable from the underlying agreement in the same way that an arbitration clause is…
What can be inferred from the Vietnamese Court’s annulment or non-annulment of arbitral awards in two recent cases?
In recent years, the method of resolving disputes through commercial arbitration has been increasingly preferred by businesses in Vietnam due to…
The DIFC Court weighs in on Dubai Decree No. 34 of 2021
The Dubai Decree No. 34 of 2021 concerning the Dubai International Arbitration Centre (“Decree 34”), issued on 21 September 2021, effectively…
Counter Claims to be rejected for non-compliance of Pre-Institution Mediation?
Section 12A[1] of the Commercial Courts Act, 2015 ("Act") had introduced the mandate to exhaust the remedy of Pre-Institution Mediation in a…
Enforcing an Arbitration Award Made in Less-Than-Formal Circumstances
During the course of a recent case, the Court looked at the enforceability of an arbitration award that was awarded in less-than-formal circumstances…
In Court at the Olympics
This article summarises some of the key cases and the decisions that were made by the ad hoc division of the Court of Arbitration for Sport (CAS) in…
Authentication of Electronic Signatures - What Employers Need to Know
In a recent decision in Isabel Garcia v. Stoneledge Furniture LLC, et al., a California Court of Appeal made a significant ruling concerning…
Commodities case update, September 2024
We are delighted to present the seventeenth edition of the Commodities Case Update, with a summary of 12 key recent cases relevant to the commodities…
Collisions in space - May the force of law be with you
With the space economy valued at US$469bn in 2021 and expected to grow to a US$1trn in 2040, it is a necessity to have a clear legal framework…
Arbitration in the Fifth - August 2024
In August 2024, click-wrap agreements were the focus of opinions in the Western District of Louisiana and the Southern Districts of Mississippi and…
Anti-suit injunctions, arbitration clauses and (pro) active English courts
Russia's invasion of Ukraine in 2022 has changed the legal landscape for commercial parties contracting with Russian counterparts in multiple ways…
Renewables Arbitration: A perspective from England & Wales
In the UK, the demand for green energy continues to rise in response to national and international geopolitical events, including the Government’s…
Understanding Your Rights: Responding to Interference with Payment under an Unconditional Performance Bond
It has often been said that an unconditional on-demand bond is "as good as cash", and that the bond issuer (usually a bank) must pay the specified…
Emergency Arbitrations - what they are and when to use them
Parties to a dispute can and do find themselves in positions where Swift action needs to be taken to preserve their rights or seek interim measures…
D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States
In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S…
Multi-Party Arbitrations in the Philippines
Multi-Party Arbitration is an arbitration involving at least three parties. In the Philippines, various dispute resolution institutions categorically…
Law Society publishes 2nd edition of annual International Data Insights Report
The Law Society of England and Wales yesterday (10 September) published its 2nd annual report on the global position of English law and dispute…
Is the finality of arbitrations now a myth for apportionable claims?
The finality of arbitrations is now a myth - at least in respect of disputes involving apportionable claims where parties have not contracted out of…
Through the Lens: Focus on Judge J. Wesley Saint Clair (Ret.)
Judge J. Wesley Saint Clair (Ret.), a mediator and arbitrator at JAMS, brings a unique perspective to alternative dispute resolution (ADR). Having…
To be in-person or remote at labour arbitration hearings… that is the question
The last five years have brought a dramatic (sometimes traumatic) change to how labour arbitrations hearings are conducted. Prior to the COVID-19…
The UNIDROIT Principles in international arbitration
Andrew Tetley welcomes Prof. Dr. Eckart Brödermann, Managing Partner of Brödermann Jahn (Hamburg), to discuss the UNIDROIT Principles. The…
Before, After, or Both? Second Circuit Rules Pre-EFAA Activity Can Go to Court Instead of Arbitration
Even employee claims of sexual harassment that occurred before the effective date of the Ending Forced Arbitration of Sexual Assault and Sexual…
Commercial Disputes Weekly - Issue 216
The Court of Appeal clarified when a contractor was able to terminate a construction contract after repeat defaults by the employer. The first…
Mediation at the Heart of Dispute Resolution
Two years ago, at the London International Dispute Week, the Master of the Rolls, Sir Geoffrey Vos, revealed his vision for a complete overhaul of…
Commodities in Focus Weekly - Issue 94
The English Commercial Court (the "Court") has granted an anti-suit injunction in favour of Barclays Bank PLC (the Claimant), preventing VEB (the…
CMS 2024 Annual Review of English Construction Law Developments - An international perspective
We are pleased to announce the publication of the 2024 edition of our internationally focused Annual Review of English Construction Law Developments…
ABCs (Assignments for Benefit of Creditors) are an ADR (Alternative Dispute Resolution) Process
I’m serving on a Drafting Committee of the Uniform Law Commission for a uniform law on assignment for benefit of creditors (“ABC”). A draft of such a…